The Parliament of the United States of America 

US Parliament 

The American Constitution vests the legislative powers of the federation in a bicameral legislature, known as the Congress. The Upper and Lower Chambers are called the Senate and the House of Representatives respectively. The legislative powers of both the chambers are co-equal, except that a Money Bill can only originate in the House of Representatives. But in, effect, the Senate is more powerful than the House. The Senate enjoys certain executive and judicial powers which the House does not. The Senate is not only more powerful than the House, but is also the most powerful Second Chamber in the world.

The Senate of the U.S.A

Term of Senate

The Senators are elected for a term of six years one third retiring every two years. The retiring Senators are eligible for re-election. Rather, every good Senator is elected over again. There are numerous examples of persons remaining members of the Senate for over 18 years. The Senate has a continuous life, as it is never dissolved as a whole.

Qualifications to be a member of Senate:

The citizens of the U.S.A. with not less than 30 years of age can contest election to the Senate. They must have been residents of the U.S.A. for nine years at least.

They must be residents of the Sates which they want to represent, at the time of elections. They must not be holding any office of profit under the Government of the United States.

Composition of American Senate:

Members of Senate:

The U.S. Congress is a bicameral legislature, the Senate being its Upper Chamber. The U.S.A. is now a federation of 50 States and the Senate represents all the States on the basis of parity. It has strength of 100 members. Each State sends two Senators irrespective of its size and population. Formerly, the Senators were elected indirectly by the legislatures of the States as provided for in the original constitution. But this method was given up in 1913 when the Seventeenth Amendment to the constitution was effected the Amendment provided for direct election of the Senators by the people of the State concerned.

Senate's Presiding Office:

The Vice-President of the U.S.A. not being its member is the ex-officio Chairman of the Senate. He is neither the leader of the majority party as is the case with the Speaker of the House of Representatives, nor is he partisan in the performance of his duties. He does not have as much influence over legislation as is exercised by the Speaker of the House of Representatives.

He is only a dignified presiding officer of the Senate without having any specific functions except that he is a moderator. He votes only in case of a tie. He does not appoint the committees of the Senate nor does he control the states through his power of recognition.

The Senate also elects from among its own members a President pro tempore who presides in the absence of the Vice-president. He is, in fact, the nominee of the majority party in the Senate.

Senate Committees:

The most significant aspect of the organization of the Senate lies in the fact that it is divided into a number of committees each of which performs a particular function of the Senate. Some most important committees are on finance, appropriation, foreign relations, judiciary and inter State Commence. All issues before the Senate are referred to the relevant committees for opinion and advice. A Senator cannot be the member of more than two committees simultaneous. The Chairmanship of a committee is generally offered to a veteran Senator.

Powers of Senate

The Senate enjoys extensive legislative, financial, executive, judicial and miscellaneous powers. These may be discussed as follows:

(a) Legislative and Financial Powers: The Senate enjoys equal and coordinate legislative authority with the House of Representatives. Ordinary bills may be initiated in either House but the money-bills can only be originated in the Lower House.

But this privilege of the House of Representatives is not of much significance because the Senate has vast amending powers. The Senate may strike out everything except the title of a money-bill. It may even substitute an entirely new bill and may send the same back to the House. In case, there is disagreement between the two Houses, a conference Committee consisting of 3 to 9 members from each House is constituted to resolve the deadlock.

(b) Executive Powers: The authors of the Constitution wished to make the Senate sort of Privy Council to aid and advise the President in the discharge of his executive functions. The Senate enjoys a unique position as a legislative organ in the world since the Constitution has conferred upon it certain direct executive powers to check monarchial ambition of the President. All high appointments made by the President are subject to the consent and advice of the Senate. But by the growth of a convention known as 'senatorial courtesy' the President has acquired a lot of independent discretion in this connection.

(c) Control over Foreign Affairs: All treaties are negotiated and concluded in the name of the President. But all such treaties are subject to ratification by two-third majority of the Senate. The Foreign Affairs Committee of the Senate exercises considerable influence over the foreign policy of United States. The President keeps himself in close touch with this Committee and regularly acquaints it with the latest developments in foreign policy. It may be noted that all such treaties and agreements are to be placed before the Senate in the final form when it is difficult for it to withhold assent, yet no wise President will launch his foreign policy without taking the Senate into his confidence.

(d) Judicial Powers: The Senate is the court for impeachment of the President, Vice-President and other high-ranking officials of the United States. The charges are to be preferred by the House of Representatives and the impeachment is to be conducted by the Senate. The Senate turns into a regular judicial tribunal when it site as a court. Prosecution is conducted by a Committee of members of the House of Representatives especially appointed for this purpose. The proceedings of impeachment are heard by the Committee of Judiciary of the Senate which is then presided over by the Chief Justice of the Supreme Court. Again, judges of the Supreme Court are appointed by the President with consent and advice of the Senate. Thus, the Senate has a lot of judicial patronage in its hands.

Miscellaneous powers: (a) The Senate shares with the House of Representatives the power to propose amendments to the Constitution, (b) The Senate decides the Vice-Presidential, election when no candidate gets an absolute majority of votes in the election and elects one out of the two candidates securing highest votes, (e) The Senate appoints committees to investigate and report on the administration of the President. The Committees expose the scandals and inefficiency of the administration, if any.

Senate: Causes of Its Strength

Not a subordinate branch:

In addition to that free general functions which the Founding Fathers of the Constitutions assigned to the Senate, it is also a legislative body. But it is a co-ordinate body and not a subordinate branch of Congress and exercises co-equal powers with the House of Representatives in making the national laws. There is no law in the United States, as it is in Britain, which empowers the House of Representatives to veto the Senate.

Conference Committees:

In case of disagreement between the Senate and the House of Representatives the differences are resolved through a Conference Committee. The members of this Committee called "managers" are equally drawn, generally three and in exceptional cases five, from each Chamber and they confer together.

Political role of the Senators:

"Senators are somewhat a different breed of political animal from the average representatives." The Senators represent, as compared with Representatives, more people and greater areas and thus, are not subject to the fluctuating public opinion and personal idiosyncrasies of the electors of a particular locality.

Senatorial solidarity:

Closely allied with it is solidarity exhibited by the Senators. "In a sense the Senate is a mutual protection society." Each Senator jealously guards the rights and privileges of others irrespective of party ties and whenever an onslaught had been made to break its solidarity, as Roosevelt did to bypass the traditional method of senatorial courtesy in 1938, it has always stood together.

Independent spirit:

One of the most important factors which accounts for the authority and independence of the Senators is the continuity, stability and traditions of the Chamber which the House of Representatives has not been able to develop. The entire membership of the House of Representatives must stand for re-election every two years and every time it is faced with the laborious task of re-organising itself.

Conservative character:

The Constitution- makers had thought that the Senate would prove the bulwark of conservatism. They had, accordingly, designed it and given it special powers so that it might serve as a check on the more radical House of Representatives.

Influence on foreign policy:

The Senate has been the Congressional spokesman on foreign policy, and the House its junior partner. This is due to the Senate's treaty-ratifying authority and its veto powers over Presidential appointments of ambassadors, ministers and other important officials. The Senate can, also, influence the foreign policy through investigations.

House of Representatives of the United States of America

A. Qualifications to be Member of the House:

A candidate for election to the House of Representatives must possess the following qualifications:

1. He must be at least 25 years of age.

2. He must have been a citizen of U.S.A. for at least 7 years.

3.He must be a resident of the State from which he wants to contest election. In some States, the candidate is also required to be the resident of the constituency from which he wants to contest election. This is known as the 'Locality rule'.

He must not hold any office of profit under the Government of the United States.

(b) Privileges.

1. Each member is entitled to a fixed salary and several allowances.

2. He is allowed to write and send letters in his constituency free of postage.

3. He enjoys immunity against prosecution for anything said in the House.

Composition of the House of Representatives:

Members of the House:

While the Senate represents the States, on the federal principle of equality, the House of Representative represents the U.S. citizen on national principle based on population' The first House of Representatives consisted of 65 members but now its membership is permanently frozen at 435 unless changed by a law of the Congress. The House of Representatives consists of 435 members. The number of representatives for each State is fixed by the Congress in proportion to its population. Normally, 500,000 persons send one representative. The constitution, however, lays down that no Representative shall represent less than 30,000 citizens and each State must send at least one representative. The term, of the House of Representatives is two years. It cannot be dissolved earlier. It meets at regular intervals though special sessions can be convened by the President at any time. The House meets every year on 3rd of January und remains in session until its members vote to adjourn. Both the Houses adjourn simultaneously. In a disagreement on adjournment, the president's decision is final.

Committees of the House

The House elects a number of standing and 'regular' committees from amongst its members. These Committees examine all the bills referred to them and in most cases, these Committees introduce the bills in the House.

The Speaker:

The House elects its own Speaker who presides over its sessions. The election of the speaker is held purely on party lines. He is the nominee of the majority party. The Speaker of the House of Representatives is a partisan and openly favours the party to which he belongs. The Speaker of the House of Representatives comes down from his chair and openly takes part in debates. The Speaker of the House of Representatives is virtually the leader of the majority party and legislative leadership devolves upon him. In a Parliamentary democracy like England, the leadership of the House lies in the hands of the executive but in the USA. leadership is vested in the Speaker because of the absence of the executive from the House.

Powers of the House of Representatives:

1. Legislative powers

As compared to the Senate, the House of Representatives has less authority. It enjoys co-equal and co-ordinate authority with the Senate in legislative and financial spheres. Ordinary bills can originate in any one of the Houses but money-bills can be initiated in the House of representatives only. But this privilege of the House is not of much significant because the Senate can amend or reject both ordinary and money bills. In case of disagreement, the decision is either taken through mutual give and take or a Conference Committee consisting of 3 to 9 members from each House is constituted. to resolve the deadlock it helps in settlement of the issue.

2. Absence of Executive Authority:

The House has got no executive powers because the executive is neither responsible to nor removable by it as in the Parliamentary system, nor does it possess any direct executive powers and control like the Senate.

3. Judicial Powers:

It shares the judicial powers of the Senate in the sense that charges against the President and other federal officials for impeachment are to be preferred by it.

4. Electoral Powers:

It decides the election of the President when no candidate secures an absolute majority of votes. It elects one out of the three candidates securing the highest votes.

5. Constitution Amending Powers:

It shares with the Senate the power to propose amendments to the constitution.

6. Declaration of war:

The House shares with the Senate the power to declare war. But the constitution does not permit the House to share its treaty-ratifying powers.

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